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Supreme Court Rules in Reverse Payment Case

BY | November 23, 2015

Kevin Noonan, Sep 30, 2013 In June, the Supreme Court ruled 5-3 in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority (that included…

Kevin Noonan, Sep 30, 2013

In June, the Supreme Court ruled 5-3 in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority (that included Justices Kennedy, Ginsburg, Sotomayor, and Kagan), Justice Breyer’s opinion reversed the decision of the Eleventh Circuit Court of Appeals dismissing the FTC’s complaint that a “reverse payment” settlement agreement between an innovator drug maker and generic challengers in ANDA litigation was anticompetit

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